Joe Rickey Hundley of Hayden, Idaho, surrendered in that state, according to the U.S. Attorney’s Office in Atlanta. He was charged with assaulting a minor, stemming from a February 8 incident aboard the Delta flight to Atlanta.

His attorney, Marcia Shein, has said her client is being unfairly portrayed.

“This has escalated into a racist issue and I want to be clear he is not a racist,” Shein said.